Category Archives: Search and Seizures
Encryption and Law Enforcement Investigations: Police Access to Encrypted Data
Last month, Apple announced its new end-to-end encryption for data stored by its customers in iCloud, Apple’s cloud storage service. It’s being heralded as “police-proof” in the media. Read, “Apple Set to Launch New, Police-Proof, Full End-to-End Encryption,” written by the Associated Press and published in the Daily Sabah on December 9, 2022. Apple explains…
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The Importance of a Probable Cause Affidavit in Texas Criminal Defense
For the general public, learning about probable cause affidavits in criminal matters often comes from news stories of court orders sealing the affidavit from public view in high-profile cases. Two recent examples: first, the ongoing media coverage of a probable cause affidavit alleging criminal acts that led to a federal search warrant being issued of…
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Ring Cameras and Police Surveillance: Growing Police Power Privacy Concerns
Ring camera videos on YouTube can be fun: there are bears in backyard pools and cute kids in doorways. However, from a criminal defense standpoint, the growing temptation for law enforcement to access Ring doorbell recordings (audio and/or video) in their criminal investigations is troublesome. When it happens without (1) the Ring owner’s consent or…
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Electronic Surveillance Under Federal Law: Criminal Defense Considerations in 2021
Discussion of federal wire-tapping and other electronic surveillance from a criminal defense perspective The temptation for federal law enforcement to use developing communication technologies in order to investigate potential criminal activity is not new. In fact, as soon as telegraphs and telephones began to be used by the general public in this country, federal agents were…
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Encounters with Law Enforcement: A Criminal Defense Perspective
Seven Steps to Take When Police Show Up at Your Home or Work or Call You on the Phone More and more often, I pick up the phone to hear someone wondering what to do after local police or some other member of law enforcement (e.g., agents of the FBI, DEA, etc.) has surprised them…
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Fraudulent Use or Possession Charges in Texas: Identity Theft and Fake Credit Cards
The popularity of online shopping continues to increase in no small part due to the Coronavirus Pandemic. See, “Americans Keep Clicking to Buy, Minting New Online Shopping Winners,” written by Nathaniel Popper and published by the New York Times on May 1, 2020. Along with it, opportunities abound for illegally accessing things like credit card…
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Challenging the Search Warrant in Texas: Illegal Search and Seizure
Different Defenses to Search Warrants and Illegal Searches by the Police Evidence is everything for the prosecution’s case in any criminal proceeding, federal or state. Without evidence, the case has no legal foundation and cannot be filed. Once filed, insufficient evidence means the state’s case must be dismissed. Therefore, from a criminal defense perspective, one…
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Search of a Residence in Texas: When Police Search Your Home
When the police search your dwelling, they have specific limitations on where they can search and what they can take. Police officers (or federal law enforcement agents) show up at your front door, demanding to be allowed inside your home because they have a search warrant allowing them to do so, whether you like it…
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Exigent Circumstances: What They Are and How They Allow Police to Search and Seize Without a Warrant
There are times when police officers in Texas can search without a search warrant; sometimes they don’t even have to knock on the door before entering your home. Sitting in the comfort of your living room, you may assume you’re safe from intrusion by the police. Surely they can’t barge into your private home, uninvited…
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Latest Forfeiture Ruling by SCOTUS: What Does It Mean for Texas Criminal Defense?
Timbs v. Indiana is the first step in ending state-wide forfeiture abuse In an opinion written by Justice Ginsburg with two concurrences filed by Justice Gorsuch and Justice Thomas, the Supreme Court of the United States (SCOTUS) vacated and remanded the judgment of the Indiana Supreme Court in Timbs v. Indiana on February 20, 2019….
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10 Questions to Ask Before you Hire a Dallas Criminal Defense Lawyer
Top 5 Mistakes in Defending a Texas Criminal Case
